Family Law Prof Blog

From BBC News: A referendum will take place on 25 May on whether to reform Ireland's strict abortion laws. The vote will decide whether to repeal a constitutional amendment that effectively bans terminations. It will be the country's sixth…

From CNN: Come May 25, Ireland will go to the polls in a referendum on whether to repeal the Eighth Amendment to the Constitution, which says a fetus has an equal right to life as the mother. A yes vote...

When the text of a contract supplies the answer to a dispute between the parties, there is no justifiable reason to consider extraneous source

Law Lessons from Cent. Bergen Props. v. Shaf Int’l, Inc., N.J. Super. Law Div. (Wilson, J.) (March 29, 2018), DOCKET NO. BER-L-1043-17: When the text of a contract supplies the answer to a dispute between the parties, there is…

SSA ruling indicates that focus of disability inquiry should be on capacity to work, not ability to find a job

SSA ruling indicates that focus of disability inquiry should be on capacity to work, not ability to find a job SSR 64-47c The claimant, a high school graduate who had worked in various capacities in carpentry, including foreman and…

SSA ruling indicates that focus of disability inquiry should be on capacity to work, not ability to find a job

SSA ruling indicates that focus of disability inquiry should be on capacity to work, not ability to find a job SSR 64-47c The claimant, a high school graduate who had worked in various capacities in carpentry, including foreman and…

How to win my disability case for a lupus diagnosis? Systemic lupus erythematosus, or simply lupus, is evaluated in the immune system section of the Disability Evaluation Under Social Security disability handbook, more commonly known as the…

Did your spouse acquire an interest in your separate property home or vice-versa? (Moore-Marsden)

You or your spouse bought a house before getting married. You and/or your spouse used your salaries, bonuses or passive income earned during marriage to make improvements or pay the mortgage. Now, you’re legally separating or…

As a divorced-divorce lawyer, I know firsthand that divorce can knock the wind out of your sails, and kick you when you’re down. Over the last thirty years, I’ve been engaged, married, divorced, and cohabited. I made the…

What’s the first thing to do in a divorce after your spouse utters the “D” word?

After twenty years of marriage, the best family vacation ever, or one of your usual fights, your spouse says, “I want a divorce.” You feel a thump in your chest like your heart hit your rib cage. The blood coursing through your…

If you have a family business then read the following from The Williston Herald, Family roles play a part in farm operation, succession A family death brings questions about new roles: "To help deal with in-laws, Hanson is now a firm believer…

Give Allinotte Law Office's Do you want to deal with this now or let your family deal with it later? a read. I think the article points out a few things not usually thought of when thinking of estate planning. Both the things needing…

New York Family Law Blog

In this case, the petitioner filed against the respondent to whom she is married and has one child. The petitioner received a temporary order for protection against the respondent. This was ordered to direct the respondent to cease from all…

Kentucky Family Law Blog

Louisville Magazine has printed a special edition that contains the correct, complete list of Louisville’s Top Attorneys. The list was originally printed in the March, 2013 edition, but a printing error caused a substantial portion of…

Louisville Magazine has printed a special edition that contains the correct, complete list of Louisville’s Top Attorneys. The list was originally printed in the March, 2013 edition, but a printing error caused a substantial portion of…

Dealing with Your Parents' Divorce as a Teenager No matter how old you might be, facing your parents' divorce is never easy. As a teenager, it can be even more challenging. Your emotions may already be running all over the place with…

How to Cope with an Uncooperative Co-Parent In a perfect world, after a divorce or separation, parents would be able to put the past behind them and come together as a team to raise happy and healthy children in a conflict-free environment.…

5 Ideas for Supervised Visitation Supervised visitation allows parents to build healthy foundations for future relationships with their children, and offers opportunities for healing past issues in a safe environment. Because of the…

The National Center for Missing and Exploited Children has analyzed reported of patterns and trends of online child sexual predators and has compiled a report that focuses on offenders’ goals and tactics, the nature of child/offender…

Bullying can have serious, and sometimes fatal consequences. Yesterday, August 2, 2017, CBS reported on the suicide of a 12-year-old girl--Mallory Grossman--who was a straight-A student who loved gymnastics. Mallory, killed herself on June 14…

This issue causes a lot of heartache because ORS does not uniformly implement its regulations. Implementation often depends on the caseworker, which is very frustrating. Here is the regulatory rule governing the issue. (R527-34-2):…

When a lender forecloses on a mortgage and sells the property, it sometimes happens that the sale price does not cover the entire mortgaged amount. For example, you owe the bank $250,000 but the home only sells for $200,000 at auction. The…

What You Need to Know About the Utah Driver’s License Appeal Process Following a DUI Arrest

Millions of Americans rely on their driver’s license to legally drive to and from work, school, the grocery store, and other destinations. Losing it after a DUI arrest can be inconvenient at best, and life-changing at the worst. The DUI…

Crider Law P.C. Blog

Although the divorce rates in the United States are levelling off, divorce among baby boomers is on the rise. According to the Bowling Green National Center for Family and Marriage Research, baby boomer divorces more than doubled between 1990…

Preparing for a second marriage comes with its own set of complications which makes it all the more important to plan ahead and ensure that your documents are truly protecting you and those that you love. Data from the PEW Research…

New Data Shows that the United States Divorce Rate is the Lowest It’s Been in 35 Year

The National Center for Family and Marriage Research at Bowling Green State University explores U.S. census data to determine how many people are getting married or divorced based on key demographics. The year 2015 data shows that there were…

The Kielich Law Firm Blog

There is no guarantee of alimony or spousal maintenance in a Texas divorce. Texas, like many states, changed its family relations laws (our Texas Family Code) in recent decades to curb the power of family court judges in Fort Worth, Dallas,…

Most of my work with clients involves helping clients after they have sought FMLA leave and the employer has already violated their FMLA rights but it’s equally as important that employees understand how to properly exercise their…

Enforcing child support with child support liens and QDROs with Bedford Divorce Attorney

Unpaid child support is a serious problems for many families where the child support may be the difference between keeping food on the table or lights on in the home. Enforcing child support in court can be a challenge when the child support…

Almost every divorce, whether low-net-worth or high-net-worth (HNW) individuals, involves dividing retirement assets, and failing to divide these retirement assets properly can result in significant, unanticipated, irreversible, negative…

As an attorney who litigates Borderline divorces in Los Angeles and who consults nationally and internationally with spouses of Borderlines, attorneys and child custody evaluators, watching Borderline Personality Disorder (“BPD”)…

New Jersey Divorce Lawyers Blog

For years divorcing couples have heard that New Jersey courts do not consider fault when it comes to determining whether alimony should be awarded. This is true. In most cases marital fault is irrelevant to a determination of alimony.…

For years divorcing couples have heard that New Jersey courts do not consider fault when it comes to determining whether alimony should be awarded. This is true. In most cases marital fault is irrelevant to a determination of alimony.…

For years divorcing couples have heard that New Jersey courts do not consider fault when it comes to determining whether alimony should be awarded. This is true. In most cases marital fault is irrelevant to a determination of alimony.…

Families and the Law

One of the games that used to be played by folks wanting a dissolution of their marriage was to go "lawyer shopping" with all of the top domestic firms in their area. The point of the game wasn't really to find a lawyer - although one of the…

Our children are all soccer fans. With the World Cup going on this week - this post is for them and for all the rest of you out there who are soccer fans. Go Team USA!
The song is called "Represent" and is done by a group called Weezer…

Under the category of what was she thinking - a Tennessee woman put an 8 year boy she had adopted from Russia on a plane with a one-way ticket to Moscow.Justice John Paul Stevens has announced his upcoming retirement. The announcement comes…

If you are going through a divorce and have children, there are a number of important decisions you need to make. You have to determine where your children will live and how frequently they will spend time with their non-custodial…

Divorce is difficult for children of all ages. However, it is particularly challenging for teenagers who are facing peer pressure and balancing school, extracurricular activities, college applications, and a social life.
If you do not help…

Adoption is a familiar term that most people understand. However, guardianship is less known even though it is a popular alternative to adoption. In Illinois and other states, you can seek legal guardianship of a child who is under 18 years…

When people find out that I am an attorney, it is not uncommon for them to share with me their own experiences with the law. Most often, these recollections involve a claim for personal injuries they suffered due to the negligence of a…

"Statutory Update: Passage of the Assumed Business Name Act" blog by Adam Marshall at Black, Slaughter & Black, P.A. Continue reading →
The post Statutory Update: Passage of the Assumed Business Name Act appeared first on Black…

South Carolina Legislative Update: Bill Affecting HOAs and Condos Signed Into Law

A South Carolina bill we have been watching for more than a year was signed into law by the Governor yesterday, May 17, 2018. House Bill 3886 is the first SC bill specifically directed at homeowners associations and condominiums in…

Learn About Law

Law can be complicated and hard to navigate, which is why we’re here to help make it easier to understand. In Learn About Law, our weekly podcast and videoblog, attorney Kevin O’Flaherty covers various aspects and areas of the law in a way you don’t need a law degree to understand. From estate planning to family law, you can gain the knowledge you need to help you with your legal issue or to simply fulfill your curiosity.

In this article, we will examine the important details of Illinois parenting plans to determine the allocation of parenting time and responsibility in divorce and paternity cases, including how to file a parenting plan, what’s typically…

In this article we will explain the forms necessary for a couple to file for a divorce in Illinois, including “where to find the required forms for an Illinois divorce,” “What are the Required Forms for an Illinois…

In this article, we will explain how to respond to a restraining order or order of protection in Illinois, including how to file a response to an Illinois restraining order, what to do at the court hearing, and your right to appeal if the…

Texas Family Law Blog

Child custody is undeniably one of the major issues debated on in the wake of a divorce. In divorces that involve children, child custody and conservatorship is an issue that always comes up. One of the most commonly discussed issues…

Child support is a sensitive matter that is usually based on statutory guidelines. Unfortunately, in some cases, these statutory guidelines may not be applicable. These guidelines are from the Texas Family Code, which states the level…

Ad litem in a Texas Family Law case is unfortunately not a commonly discussed topic. You could be reading articles and finding information about child support, child custody, property division and many other common issues related to…

Additions to your family can come in many forms, and adoption is one method that is beneficial for both parents and children. One great option for many families is adopting a child through the Illinois Department of Children and Family…

When you think of the word divorce, you probably think of scenes in movies and television with couples screaming at each other over their issues and sitting in the courtroom while a judge decides their fate. However, the reality is that many…

When you are engaged, there are so many things to talk about--the honeymoon, the dress, the reception--but one of the not-so-fun things that you should discuss is getting a prenuptial agreement, or prenup. Doing so may save you in the event…

Should I Get a Lawyer If The Florida Department of Children and Families (DCF) Becomes Involved in my Family Law Case?

Investigations by the Florida Department of Children and Families begin with allegations that a child or vulnerable adult has been abandoned, neglected, or abused. It is the role of the Florida Department of Children and Families to take each…

Gray Divorce – How Does Divorce Affect People Over the Age of 50 Years Old?

Gray divorces can put older Floridians in the financial red. The divorce rate for individuals over the age of 50 has doubled over the past two decades, and while other age groups have shown a decline in divorce, this age group continues to…

What is the Law as to Relocation with Children After a Florida Divorce?

Life after a divorce can be very difficult both for the co-parents and for the children of the former marriage. Part of what makes it easier is that children are still seeing both parents regularly and have the same social circles,…

For a parent, there is no greater loss after a divorce than losing custodial rights of their children. There are many grounds on which a court in California can award custodial rights to a father. Substance addiction, abuse and neglect are…

One of the most important things couples need to discuss before getting married is whether they should opt for a premarital or prenuptial agreement (prenup). Almost everyone around you will have some views or the other regarding prenups.…

When the Kingston University conducted a study for analyzing whether women had a negative effect after divorce or not, the result was quite surprising. About ten thousand people were surveyed as a part of this research and the respondents…

Family Law Advisor Blog

Divorce is an exceptionally difficult process for the entire family. When there is a child with special needs involved in a divorce, this process can seem even more daunting. It is important to evaluate each aspect of the parenting plan…

Divorce is difficult for almost any couple but divorcing a spouse with Borderline Personality Disorder may be exponentially more difficult. Borderline personality disorder (BPD) is a mental illness marked by an ongoing pattern of varying…

Post-divorce or post-separation communications with your former spouse or the other parent may be awkward at first. During your divorce, you may have relied upon your attorney to handle most of the communication between you and the other…

Calabrese Associates Blog

Reconciling your divorce with your own emotions may mean overcoming the idea that you are a failure. Your vow upon marriage was to spend the rest of your lives together. Ending your marriage before then means you failed in that mission. Once…

Obtaining a fair share of parenting time is one part of being a good post-divorce parent. You also must use your parenting time to develop a positive relationship with your children. In your children’s eyes, you are not the same parent…

An amicable divorce process has more to do with your state of mind than with the circumstances of your divorce. You can always find something to argue over if you are bitter towards your spouse. Conversely, you can settle contentious issues…

Steve Bochco died last month at age 74. It was big news. Bochco developed and produced some of the most influential TV shows of the last forty years — shows that set the stage for the golden age of TV we’re in the middle of right…

What Prenups Have To Do with the Prince Harry and Meghan Markle Wedding of the Year

Grab your fascinator, clot the cream, and set your alarm clock – there’s a royal wedding on the horizon! Celebrity weddings are always fodder for rumors and gossip and Prince Harry and Meghan Markle’s upcoming nuptials…

Freed Marcroft is honored to have been voted Best Law Firm in the Best of Hartford Magazine 2018 Reader’s Poll for the fourth consecutive year. We love the work we do because we get to help people begin living the lives they previously…

If One Parent Has an Alcohol Problem But I Want Them Involved In My Child’s Life, How Can I Protect My Child With a Court Order?

The truth is that there are various ways that an order can be crafted to protect the children and still allow them to have an ongoing relationship with their parent that is struggling with alcohol issues,…

Very few people seeking a divorce want to see the process drag out longer than necessary. Divorces can be difficult and expensive. If you’re seeking a divorce, you likely don’t want to spend a lot of time and money in the process…

ADHD’s not just for kids; experts estimate that four percent of the adult population in the United States lives with the disorder. Some mask symptoms well; others find themselves in a state of constant disarray. For many, this spills…

Separation and divorce are increasingly common among seniors. From pensions to placement in assisted living facilities, these splits hold unique repercussions for older couples. Not all complications involve retirement, however. If your…

Your ideal attorney needs so much more than a long resume. This person should share your most cherished values. How do you determine what values, exactly, your most promising legal prospects hold? Read on to find out: Determine What You…

One issue that keeps coming up repeatedly in appellate decisions is whether the party paying temporary spousal maintenance, can also be ordered to pay carrying costs of the marital residence. In Rouis v. Rouis, 156…

I have previously written about exclusive possession of a marital residence during a pending divorce action. The applicable standard requires a showing of a marital strife and that the parties were unable to coexist in the same…

The New York State Court of Appeals ruled last week in Brooke S.B. v Elizabeth A.C.C., 2016 N.Y. Slip. Op. 05903, that a loving caretaker who is not related to, or the adoptive guardian of, a child could still be permitted to ask…

Domestic Diversions

To complain or not to complain: feeding a more productive and valuable cycle

Harvard Business Review help us know what to do when we feel like complaining at work. The principles provide a road map for our other relationships as well. Peter Bregman shares 5 steps to taking effective action and writes…

The Atlantic reports on the Council of Contemporary Families’ study describing the correlation between who does that dishes and how strong a couples’ relationship is and how long it will last. The Counsil reports that women in…

With one week left before the EU’s General Data Privacy Regulation (GDPR) takes effect, we have been fielding a lot of questions about how, or if, it applies to businesses here in Lancaster. Here are three questions to help you…

Very often, a real estate developer is only active in a project until the subdivision plan is approved. At that point, the developer often sells some or all of the development rights to the builders who actually construct and sell the…

This post is part of our ongoing series exploring the impact of technology on legal issues. For an introduction to the series and a collection of the posts in the series, check out this post. The hiring process is a key component of operating…

In a recent post, we looked at the court’s power – and, in some cases, obligation – to order a DNA test in New York paternity proceedings. New York lawmakers have passed a similar, albeit slightly different, statute…

Ever since the time that DNA testing has been recognized as a reliable method of determining paternity, family courts across the country have relied upon the testing to resolve disputes over paternity. Indeed, the New York Family Court Act…

What are Unreimbursed Business Employee Expenses in New York Child Support and Maintenance?

Divorce or family law issues for unmarried people is a complicated time for any couple, but situations can become far more complex when children are added into the mix. Not only do New York divorce attorneys and the New York Supreme or Family…

Shaw Family Law Blog

If anybody told you co-parenting was easy, they were either lying to you or woefully misinformed. Co-parenting with your former partner can be quite a challenge after your divorce, even if the divorce itself was fairly amicable. When your…

If you are going through a divorce, be careful with how you use social media. If you are the type of person who shares every thought and moment of your day with your followers, now is the time to start tapering off your social media usage…

When two people decide to divorce, one of the most common questions that comes up is the issue of the payment of maintenance , a form of spousal support in Illinois. While not every divorce will result in someone paying spousal support,…

When two people decide to divorce, one of the most common questions that come up in nearly every proceeding is the issue of spousal support, also called maintenance. While not every divorce will result in someone paying spousal support, the…

Cohabitation is a legal concept that has been around for as long as marriage, but it has only recently begun to acquire legal significance in the last two or three decades, at least in the United States. Cohabitating is done by couples who…

In our last blog post, we wrote about the dangers of texting while driving. But what about motor vehicle accidents that are the result of texting while walking? It turns out that can be equally as deadly, according to a recent report from the…

Andrea Lenk and Alicia Nicholson probably thought Feb. 6, 2016 would unfold like any other day. But driving through Cumberland County, Pennsylvania that day, they crossed paths in the most horrific way possible: Lenk ran a stop sign and…

By now you might have read the story of Tasha Lynn Schleicher, whom police have described as “one of the worst DUI offenders in the United States.” Earlier this month, Schleicher, of Minnesota, was arrested for drunk driving in…

The process of filing for divorce can make for a very stressful experience. When a married couple decides to file for divorce, each party can be affected financially and emotionally, and each spouse’s self-esteem can be destroyed. When…

Marriage can be one of the most exciting events in a person’s life. With the time and commitment put into the relationship, it is a relief to see everything pay off after each spouse exchanges vows. Even though many couples plan to get…

Going through a divorce has been proven to be one of the most challenging experiences for parents who decide to file. When children are involved, divorce tends to be a much more complicated process. Making decisions on child support, child…

Justices for the U.S. Court of Appeals for the Seventh Circuit recently issued an opinion in an Indiana slip-and-fall lawsuit filed after a woman suffered an injurious fall at a pharmaceutical chain store. The court was asked to consider…

The pre-existing obesity and smoking habits of an Indiana pizzeria employee injured at work didn’t prevent the worker’s ability to receive temporary total disability benefits when the employer failed to produce evidence showing…

Most motorcyclists have a checklist they go through every time they head out. Pre-ride inspections usually involve making sure the bike is generally in good working order, the portable GPS is queued up, and they have all of the proper gear,…

Not a day goes by that I don’t receive some sort of scam or spoofed email. Generally the emails read as if they went through google’s translate function and almost always include the word “kindly.” I am not…

Negligence actions based on the acts or omissions of state governmental employees are generally subject to the Mississippi Tort Claims Act. Government employees include those employed by the State of Mississippi and its political…

Chronic Wasting Disease in Mississippi – Where to Find Current Information

On February 9, 2018, the Mississippi Department of Wildlife Fisheries and Parks issued a press release stating that chronic wasting disease had been found in Mississippi. The positive test came from a 4 1/2 year old buck that was…

North Carolina Divorce Lawyers Blog

Dear Carolyn, I am a father of a beautiful 8-year-old daughter and a handsome 10-year-old son. I live here, but the mother lives in California. The mother has custody, but the children will be visiting with me for the last two…

Dear Carolyn: My ex and I share the children fifty-fifty. We have three children. I make approximately $25,000 more than the other parent. I pay child support even though I have them half the time. Our child support…

Dear Carolyn, I work and make a good income. During our marriage, my wife worked for a while, but stopped when we had children. She has and maintains a CPA license. We have a 15-year-old with some discipline problems and…

It happens every day throughout the Commonwealth. It is support contempt court and the crowd is large and anxious. On Valentine’s Day, 2017 a contempt hearing was scheduled with the petitioner being the grandmother of two young…

In a published decision reported on March 15, 2018, the Superior Court has addressed what it takes, at least in a criminal setting, to tie a Facebook posting to a defendant charged with a serious crime. Tyler Mangel and Matthew Craft were…

A recent case published by the Superior Court gives us some insight into one issue which has thus far evaded appellate review and affirms in principle that alimony remains a secondary remedy and one which is awarded based upon need. Core…

Seattle Attorneys Blog

Threats and Stalking Can Result in Washington Domestic Violence Protection Order

Romantic and familial relationships can grow contentious and sometimes become violent. Sometimes relationships can become so contentious that one party seeks to have a court intervene and issue a civil protection order to prevent the…

Washington Landlord Not Liable to Tenant’s Guest for Injuries Outside Common Area

Many people think that a landowner is responsible for injuries that occur upon his or her property. Landowners are often liable, but Washington premises liability attorneys know that it is the possessor of the land who generally has…

When Washington car accident victims apply for no-fault benefits from their own insurer, they may not consider that the information contained in the application could affect their claim against the at-fault driver. In a recent case,…

Ayo and Iken PLC General Practice Blog

Our dedicated group of attorneys at Ayo & Iken continue to make a difference in their clients lives on a day-to-day basis tackling the toughest legal situations. It has been a busy time for the firm as the cases we have tackled have run…

Social media’s domination of society is having an effect on the court system as well and experts are now starting to quantify its impact on the legal system and how attorneys will use it to benefit their clients in both criminal and…

As American writer Jonathan Franzen wrote, “nice people don’t necessarily fall in love with nice people.” If you have been married to a narcissist for any length of time, you are probably painfully aware of this fact.…

Peter John Louie Law Blog

We had another busy month. Below we feature reckless driving and other notable case results from traffic court from April of 2018. Wins featured below include speeds at over 90 mph and include cities such as Virginia Beach,…

DISCLAIMER – EACH CASE IS UNIQUE AND CASE RESULTS DEPEND ON YOUR INDIVIDUAL SITUATION. CASE RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN ANY FUTURE CASE UNDERTAKEN BY THE LAWYER. February 20, 2018, Norfolk Circuit…

Below are some recent wins in Virginia Beach and Chesapeake General District Court. DISCLAIMER – EACH CASE IS UNIQUE AND CASE RESULTS DEPEND ON YOUR INDIVIDUAL SITUATION. CASE RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN ANY…

Board Certified Family Law Specialist Matt Arnold answers the question: “What is an Absolute Divorce?” It is exceedingly rare for a case about divorce to make its way before the U.S. Supreme Court. The Supreme Court typically…

Board Certified Family Law Specialist Matt Arnold answers the question: “What is an Absolute Divorce?” Divorce, though seldom celebrated, is a process taken for granted by many in the United States and other countries around the…

Board Certified Family Law Specialist Matt Arnold answers the question: “How will the judge divide our property?” It is a fairly common practice in the United States to consider a prenup before marriage. This is especially true if…

Divorce Lawyer in Augusta, Georgia

[Photo of Channing Tatum from wikipedia]According to various news reports, including People Magazine, Channing Tatum and his wife, Jenna Dewan, are still spending family time together with their four year old daughter.The couple had…

[Courthouse photo from wikipedia]Let's assume you have decided to get a divorce in Augusta, Georgia, here are just some of the common issues for you to consider:Make a list of property items which you would want to take with you;Make a list…

[Photo of Anna Faris from wikipedia]This is a divorce-related blog written by the divorce attorneys of the Goolsby Law Firm, LLC, located in Augusta, Georgia. We offer practical information and tips for divorcing parties to discuss with their…

Sanns Mediation World of ADR

Parental alienation can be a huge problem for divorced or estranged parents. Parental alienation, sometimes called Hostile Aggressive Parenting, is a behavior by a parent, or another caretaker or adult a child trusts, such as…

You go through the process of getting your divorce and the court grants it. You’re finished with the process, right? Wrong! There is still plenty to be done, as this recent Forbes article indicates. What then? Look…

An Appellate Division case is a recent reminder of how to enforce a property settlement agreement (PSA) in a divorce. Divorces are granted and adjudicated in the Family Part of the Chancery Division of NJ Superior Court. …